[2021] KEHC 6253 (KLR)
The High Court found that it lacked jurisdiction to entertain the petition because the issues raised had already been determined in a previous appeal (HCCA No. 22 of 2018). Entertaining the petition would amount to re-litigating matters that had been conclusively adjudicated, which is prohibited by the doctrine of...
Source-derived case information.
- Citation
- [2021] KEHC 6253 (KLR)
- Parties
- Appellant: Mohono Matiko Mugore; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Petition E011 of 2021
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed for want of jurisdiction and as an abuse of process
- Judges
- RPV Wendoh
- Legal Topics
- Jurisdiction of High Court, Abuse of Court Process, Defilement Offence, Post Conviction Petitions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohono Matiko Mugore
Appellant
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain the petition after the conclusion of an appeal on the same issues.
- 2 Whether the petition constitutes an abuse of the court process.
Ratio Decidendi
The High Court found that it lacked jurisdiction to entertain the petition because the issues raised had already been determined in a previous appeal (HCCA No. 22 of 2018). Entertaining the petition would amount to re-litigating matters that had been conclusively adjudicated, which is prohibited by the doctrine of res judicata and constitutes an abuse of the court process. The court emphasized that its jurisdiction is limited and cannot be invoked to revisit issues already settled on appeal. Consequently, the petition was dismissed for want of jurisdiction and as an abuse of process.
Court Disposition
petition dismissed for want of jurisdiction and as an abuse of process
Orders
- The petition is hereby dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
PETITION NO. E011 OF 2021
MOHONO MATIKO MUGORE...........................................................PETITIONER
-VERSUS-
REPUBLIC.............................................................................................RESPONDENT
JUDGEMENT
The petitioner, Mohono Matiko Mugore is absent. I have seen his petition brought under Article 22, 23, 25, 27, (1) (2) 4 and 50(2) 159 and 165 (3) of the Constitution and Section 333(2) of the Criminal Procedure Code.
The appellant had been convicted of the offence of defilement under Section 8(1)(3) of the Sexual Offence Act. He appealed against that judgment in HCCA No. 22 of 2018. J Mrima rendered his judgment on 26th July 2019.
The issues raised in the petition should have been raised in the appeal.
This court has no jurisdiction to hear and determine the petition. The Petition is an abuse of the court process and a waste of the court’s precious time.
It is hereby dismissed.
DATED, SIGNED AND DELIVERED AT MIGORI THIS 17TH DAY OF JUNE, 2021
R. WENDOH
JUDGE
Judgment delivered in the presence of
Absent Petitioner in person.
Mr. Kimanthi for the Republic.
Nyauke Court Assistant